ARCEP publishes its decision on the implementation of a campaign for gathering information on the technical and pricing terms governing interconnection and routing.

Paris, 30th March 2012

Background and ARCEP objectives

Data conveyance and interconnection markets, which fall under the Authority's
purview, are vital elements in the Internet's technical and economic operations.
Both are rapidly evolving markets and ones that involve sometimes complex relationships
between Internet service providers (ISPs), providers of public online communication
services (PPOCS) and technical intermediaries such as transit operators and
content delivery networks (CDN).

In light of the information that is publicly available and ARCEP's early efforts
in this arena, data conveyance and interconnection markets do not appear to
require the introduction of ex ante regulation at this stage. Nevertheless,
only in-depth and regularly updated knowledge of these markets, and of the
players' complex and ever-evolving practices, can ensure their proper technical
and economic operation over the long term. This knowledge of the markets
and the stakeholders must also prepare ARCEP to properly exercise its power
to settle disputes between operators and PPOCS, as assigned to it by Law.

It is under these circumstances that today ARCEP is publishing a decision on
gathering information on the technical and pricing terms governing interconnection
and routing. The authority had already outlined the underlying principles of
such a campaign in September 2010 (1), in its proposals on Internet and network
neutrality.

ARCEP will also address the issue of interconnection and routing between Internet
companies in its report to Parliament on Internet and network neutrality, which
will be subject to public consultation in the coming weeks, before being submitted
to Parliament and the Government in early summer.

Scope and frequency of the information gathering campaigns

This information gathering pertains specifically to the terms of interconnection
and routing that could have an impact on the French market. ARCEP is in favour
of a practical approach to the information gathering process: it will therefore
initially involve electronic communications operators required to declare themselves
with the Authority, which will enable a better understanding of the data conveyance
and interconnection relationship they have with other internet companies.

This questionnaire will be sent out:

1. periodically, on a quarterly basis, to electronic communications operators
required to declare themselves with ARCEP in accordance with Article L. 33-1
of the French Postal and electronic communications code (CPCE);

2. in a targeted fashion on occasion, when ARCEP considers it necessary, to
electronic communications operators that have an interconnection relationship
with at least one electronic communications operator that falls into the first
category, and to PPOCS which have a direct relationship in the area of traffic
routing with at least one electronic communications operator from category
1, and which have actively taken steps to have their services or content used
or accessed by end users located in France.

Responses to the first questionnaire, i.e. from electronic communications operators
belonging to the first category, are due to be received in August 2012.

NB: The French version of the decision is the sole authentic. This English version is provided for information.